Mike Donelson was a member of a panel presentation sponsored by Lorman Education Services at The Regency Conference Center in O’Fallon, IL on July 10. The presentation was entitled “Gain New Insights in the Latest Developments to HIPAA and Medical Records Law.” For more information, please visit: http://www.lorman.com/training/medical-records-law-in-Illinois-393061.
At the request of the Court, Ron Fox recently provided a primer on Maritime Law to the judicial law clerks for the United States District Court for the Eastern District of Missouri. The presentation included issues related to jurisdiction, uniformity, maritime contracts and torts, in rem liens, limitation of liability, and actions by seamen. Ron’s presentation was part of a one day CLE seminar for the clerks. One law clerk later told a Fox Smith partner “Tell Mr. Fox he was really good – very engaging. Fox Smith, LLC was honored to be asked to provide this service to the court.
Ted Lucas has been invited to speak at the 2014 Greater New Orleans Barge Fleeting Association River and Marine Industry Seminar. Ted’s presentation will focus on insurance coverage and other issues that often arise when a barge or towboat sinks. This national seminar is scheduled for April 9-1 1, 2014, in New Orleans, Louisiana. This is the second time that Ted Lucas has spoken at this seminar.
http://anobfa.com/seminar.htm . https://foxsmithlaw.com/media2013 detailing what instruction the plaintiff had been given, relying on the records of a subsequent treating physician and other evidence in the case Richard and Mike were able to convince the jury that the plaintiff, notwithstanding his denials, had been adequately counseled about the need for the post procedure testing but simply failed to have it done before having unprotected intercourse with his spouse.
After a six-day trial and multiple witnesses, including experts, the jury deliberated just over one hour before reaching a verdict in favor of Richard and Mike’s client.
Ted Lucas has been admitted to the Kentucky Bar. Ted is now licensed to practice law in three states: Missouri, Illinois, and Kentucky.
The Maritime Law Association of the United States has designated Ted Lucas as a Proctor in Admiralty, the Association’s highest membership category for practicing lawyers.
Ron Fox has been named Chairman of the Bar Association of Metropolitan St. Louis Marine Law Committee. The Committee will be responsible for coordination and planning of the Marine Law Seminar to be hosted in the fall of 2014. This seminar is a general interest program for inland river operators, maritime attorneys and general practitioners, underwriters and insurance brokers. Details to follow. For BAMSL’s Continuing Legal Education calendar, go to http://www.bamsl.org/events/event listasp?cid=8055
Ted Lucas will be speaking next week at the 2014 Greater New Orleans Barge Fleeting Association River and Marine Industry Seminar. Ted’s presentation will focus on insurance coverage and other issues that often arise when a barge or towboat sinks. This is the second time that Ted Lucas has spoken at this seminar. http://gnobfa.com/seminar.htm
Richard Kom, Bart Sullivan and Ryan Mohr successfully petitioned the Seventh Circuit Court of Appeals in Chicago for a reversal of a district court’s lass certification order entered in an environmental class action case involving the alleged contamination of a community in Southwestern Illinois. In the case, the putative plaintiffs claim millions of dollars in damages as a result of the alleged depreciation in the values of their homes as a result of alleged environmental contamination from a refinery which Fox Smith’s client owned and operated from 1917 to 2000. They also claim the purported contamination has interfered with their ability to use and enjoy their property. After the district court granted class certification without the benefit of an evidentiary hearing, Fox Smith immediately filed a Petition for Leave to Appeal with the Seventh Circuit arguing that the district court failed to engage in the “rigorous analysis” required by the 2011 United States Supreme Court case of Wal-Mart v. Dukes and its progeny. The appellate court not only agreed with the Fox Smith lawyers but reversed the district court’s order based on the Petition and briefing relating to the Petition alone. After this ruling, Fox Smith then successfully opposed plaintiffs’ attempt to have the appellate court reconsider its decision. This case may have implications in environmental class action cases pending around the country.
At the request of the Court, Ron Fox recently provided a primer on Maritime Law to the judicial law clerks of the United States District Court for the Eastern District of Missouri. The presentation included issues related to jurisdiction, uniformity, maritime contracts and torts, in rem liens, limitation of liability, and actions by seamen. Ron’s presentation was part of a one day CLE seminar for the clerks. One law clerk later told a Fox Smith partner, “Tell Mr. Fox he was really good—very engaging.’ Fox Smith, LLC was honored to be asked to provide this service to the court
After a series of collisions to a river dock, the dock owner sued Fox Smith’s towing company client. The dock owner claimed over $1.6 million in damages for lost profits and replacement of the destroyed facility. After examining the facts of the case, Ron Fox recommended admitting liability to focus the defense on the plaintiff’s various damage claims. With client consent, liability was admitted, and the case was tried in Federal Court on damages only. Ron Fox and Laura Robb argued the lost profits claim was speculative and the cost of repair/replacement should be reduced due to significant depreciation. The defense offered the testimony of four damage experts and vigorously attacked plaintiff’s lost profit expert, Leroy Grossman. The Court agreed with the defense and awarded only $185,000 for property damages and awarded no lost profits. No appeal was filed.